Join date: May 22, 2022

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Licence conditions must require every operator who has been notified, whether through GAMSTOP or otherwise, of an individual’s self- exclusion, not to send any communications not required by law to that individual during the period of self-exclusion, and thereafter to do so only if the individual takes steps to have the self-exclusion removed A Duty of care

One of the questions we asked in our Call for Evidence was: “Should gambling operators have a legal duty of care to their customers?” The responses of some of our witnesses did not distinguish between a duty of care and a duty owed by operators to their customers to obey the law. Some thought the duty should be owed by the state, and that the state had a duty of care which should be exercised by improved oversight of operators.

The European Lotto Association wrote that “Gambling operators have a legal responsibility to comply with existing regulatory restrictions and to operate in good faith. This responsibility represents their duty of care for their customers.”

This is a misunderstanding. Operators of course are required to obey the law, and this includes conditions imposed on them by their licences and by the social responsibility provisions in the codes of practice.

Our question sought views on whether a legal duty of care should be owed by the operator to the customer, so that breach of the duty would be a tort and create a cause of action by the customer against the operator.

The BGC thought that there was a “narrow duty of care already recognised at common law because it is owed to customers as a class and enforceable by any customer rather than limited to individual customers towards whom the operator has assumed a particular responsibility.”398


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